Terms and Conditions
These Terms and Conditions govern the use of www.siobhanway.com (“the website”) and the purchase of any goods from it. The website is owned and operated by Siobhan Way Fine Jewellery trading as SW Jewellery Design (ABN 23952795752) (“Siobhan Way”).
Throughout the website, the terms “we”, “us” and “our” refer to Siobhan Way. Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability. (“Terms and Conditions”, “Terms”). Please read these Terms and Conditions carefully and before accessing out website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Siobhan Way reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
Should you have any enquiries, please contact Siobhan way on (08) 9489 3507 or via email to info@siobhanway.com prior to ordering from this website.
Payment Methods
We accept payments Visa, MasterCard, American Express and PayPal.
Pricing
All prices quoted on the website are in Australian dollars. Prices quoted are correct at time of publishing but are subject to change without notice.
Availability of product
All orders are subject to availability. We will do our very best to supply you with your ordered item. Please note, on occasion items may not be available. In this instance, we will be in touch and offer you a replacement, provide you with a timeline as to the availability of the item, or provide you with a refund for the unavailable item.
Availability of product
All orders are subject to availability. We will do our very best to supply you with your ordered item. Please note, on occasion items may not be available. In this instance, we will be in touch and offer you a replacement, provide you with a timeline as to the availability of the item, or provide you with a refund for the unavailable item.
Online store terms
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province have given us consent to allow any of your minor dependents use this site. You may not use our products for any illegal or unauthorized purpose not may you, in the use of this service; violate your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in a termination of your services.
Placing and accepting orders
Orders will not be dispatched until payment in full has been received and www.siobhanway.com is satisfied with the integrity of the order. Without limiting the operation of any Terms and Conditions herein, www.siobhanway.com is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order constitutes an offer to enter into an agreement with us (“your offer”). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect a status of your order in any way.
For more details, please see our Shipping Policy.
Returns and exchanges
For details on returns and exchanges please see our Returns and Exchange Policy.
You expressly agree to be bound by the terms and conditions outlined in our Returns and Exchange policy.
Disclaimer
The information contained on this website is provided by Siobhan Way in good faith. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information it the Service or on any related website, including without limitation, pricing information, except as required by law. No specific update or refresh sate applied in the Service or any related website, should bet taken to indicate that all information in the Service or on any related website has been modified or updated
Any reliance on material on the site is at your own risk. This site may contain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes on our site.
Modifications to the service and prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modifications, price changes, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through the website. These products may be limited in quantities and are subject to return or exchange only according to our Returns & Exchanges Policy.
All stones due their unique quality can vary in shade, colour and intensity.
All products are certified in accordance with the Hallmarking Act 1973.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer or device monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated to, limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns & Exchanges Policy.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws or local ordinances;
- to infringe upon or violate intellectual property rights or the intellectual property rights or others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may not be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet.;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
We reserve the right terminate your use of the Service or any related website for violating any of the prohibited uses.
Limitation of liability
Any liability of Siobhan Way in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to maintain the maximum extent permitted by law, at the election of Siobhan Way be limited to:
- in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods of the payment of the cost of obtaining equivalent goods; and
- in relation to services, the supplying of services again or the payment of the cost of having the services supplied again.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the services is at your sole risk. The services and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Siobhan Way, our officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Applicable law
These terms and conditions are governed by the laws in force in Western Australia and you irrevocable and unconditionally submit to the non-exclusive jurisdiction of the Courts of Western Australia, Australia and any courts which may hear appeals from these courts.
Release and indemnity
You agree to waive any and all claims that you now have or may have in future against Siobhan Way which relate to or are incidental to any transaction. You agree to indemnify and hold Siobhan Way harmless from and against any and all claims, loss or expense that may be incurred by Siobhan Way which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Siobhan way harmless for any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or other users of this website, of any intellectual property or other right of any person or entity.
Changes to Terms and Conditions
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Virus warning
All care is taken to ensure that www.siobhanway.com websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.